HomeMy WebLinkAbout7.1 Emerald Glen Aquatic & Rec Complexor
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DATE:
TO:
STAFF REPORT
CITY COUNCIL
February 3, 2015
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -35
FROM: Christopher L. Foss, City Manager "
SUBJECT: Award of Construction Contract - Emerald Glen Recreation and Aquatic Complex
Prepared by Paul McCreary, Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider awarding Contract 14 -02 to Overaa Construction for the Emerald
Glen Recreation and Aquatic Complex (Project #PK0105). This project provides for the
construction of a 31,940 square foot facility with three pools and waterslide tower, as well as
over six -acres of park improvements and an amphitheater to complete the development of
Emerald Glen Park.
FINANCIAL IMPACT:
The 2014 -2019 Capital Improvement Program includes the Emerald Glen Recreation and
Aquatic Complex. The total available funding for the project improvements in the CIP is
$27,825,318. Additionally, the City Council set aside a General Fund Reserve of $3,500,000,
which is not included in the CIP, bringing the total available funding to $31,325,318.
The lowest bid received was $33,090,000. With a proposed 10% contingency of $3,309,000,
the total improvement costs are $36,399,000. Following is a summary of the funding and
estimated costs:
Funding for Improvements (with 10% contingency) $31,325,318
Lowest Bid (with 10% contingency) $36,399,000
Difference $5,073,682
Additional Funding Required (Proposed):
Public Facility Fees (Anticipated PFF Cash Flow) $3,073,682
General Fund Loan from FY 14/15 Surplus $2,000,000
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution Awarding Contract 14 -02 Emerald
Glen Recreation and Aquatic Complex to C. Overaa & Company Construction in the amount of
$33,090,000; and approve the budget change.
Page 1 of 4 ITEM NO. 7.1
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Submitted By Reviewed By
Parks and Community Services Director Assistant City Manager
DESCRIPTION:
On October 21, 2014, the City Council authorized Staff to advertise the Emerald Glen
Recreation and Aquatic Complex (Contract #14 -02) for bids. This project provides for the
following improvements:
• 31,000 square foot Building with Indoor Swimming Pool, Fitness Center, Locker Rooms,
Lobby and Administrative Spaces, Mechanical Room and Storage
• Outdoor Competition Pool for Swimming and Water Polo
• Outdoor Water Playground Pool with Beach Entry
• Waterslide Tower with two Drop - Slides, three Flume- Slides and a "Super -Bowl"
• Six -Acres of Park Development including Amphitheater, Plaza, Event Space and Parking
As directed by City Council, Staff coordinated a "pre- qualification" process for this project
utilizing the California Department of Industrial Relations (DIR) model prequalification
questionnaire. The City pre - qualified seven General Contractors and key teams of sub-
contractors including Pool, Roofing, Electrical and Mechanical.
The bidding period began on November 10, 2014, and was advertised on the City website, on
various building exchanges and twice in the Valley Times. A mandatory pre -bid walk- through
was held on November 19, 2014. Six of the seven pre - qualified General Contractors submitted
bids before the bid opening at 2:00 p.m. on Thursday, December 18, 2014. The apparent low
bidder was C. Overaa & Company Construction. Following is a summary of the bid results:
1. C. Overaa & Company Construction ( "Overaa ") ........$33,090,000
2. Midstate Construction ( "Midstate ") ........ ....................$33,436,000
3. F & H Construction ( "F &H ") ................... ....................$33,594,000
4. Zovich & Sons ( "Zovich ") ....................... ....................$33,600,000
5. Gonsalves & Stronck Construction ....... ....................$34,530,000
6. Diede Construction ............................... ....................$36,700,000
Staff and the City Attorney's Office have reviewed the bid proposal from Overaa and checked
the license status of Overaa and its sub - contractors, and have determined Overaa to be the
lowest responsible bidder.
Rid Prnfpcfc
Two bidders lodged bid protests, F &H and Zovich, on numerous grounds primarily related to
subcontractor licensing and qualifications for this project. The protests were provided to the
affected bidders, who provided additional information in response. Staff and the City Attorney
have reviewed the bid protests and do not find them to be a basis for rejecting the bid from
Overaa.
Following is a summary of the findings related to the Bid Protests regarding Overaa.
Page 2 of 4
1. Overaa listed Lawson Mechanical as a subcontractor in its bid that was not part of its
prequalified team.
Finding: Lawson Mechanical was part of the prequalified Overaa team.
2. Overaa listed an incomplete name for the drywall subcontractor and the subcontractor
license number for that subcontractor contained a clerical error.
Finding: Staff was able to quickly ascertain the correct subcontractor from the
information provided. The errors did not affect the price of Overaa's bid or provide
Overaa with a competitive advantage. The City is exercising its discretion to not reject
the bid under Public Contract Code 2014(a)(2) for these reasons and because Overaa is
the lowest responsive bidder.
3. Overaa's listed specialty subcontractor for the glazed roof structure does not hold the
correct license classification, IAS or AISC certifications, or meet the single source
requirement for the scope of work.
Finding: Structurflex holds a California contractor's license valid for the work listed, which
was affirmed by the City's Chief Building Official. Structurflex was pre - qualified by the
City as capable of performing the work as required by the plans and specifications.
Additionally, Structurflex responded that it will use a subcontractor, Schuff Steel, for the
steel fabrication which holds an AISC certification. With regards to sole- source
requirements, the Specialty Glazed Structure product will be executed in -house by
Structurflex, including the engineering, the project management, the procurement of the
fabric and all of its components. The installation staff is made up of direct employees of
Structurflex, and the company has the capabilities to properly fund this project and bond
if necessary as well. Structurflex will be the entity that will purchase the components,
fabricate and install the Specialty Glazed Structure as a single source — all within the
abilities of their corporation. Based on these findings, Structurflex meets the bidding
requirements.
Because the City is considering awarding the bid to Overaa, Staff has not considered the bid
protests to any other bidders. Based on the findings it is recommended the City Council award
Construction Contract #14 -02 to Overaa.
Award of Contract and Project Funding
The City Council is being asked to adopt the Resolution in Attachment 1, awarding Contract
#14 -02 to Overaa. As indicated above, the amount of the low bid plus a ten - percent (10 %)
contingency for construction exceeds the current project budget.
In order to award the Contract, the City will need to commit additional funding to the project from
the Public Facility Fees Fund, as well as a General Fund loan to the Public Facility Fee
program.
Project Change Order Approvals
Due to the size, scope and complexity of the project utilizing the City's existing policy for change
order approvals could impact the project schedule. Under the current policy that was adopted in
1988 the City Manager has the authority to approve contract change orders up to a limit of
$25,000 each, up to a cumulative increase of 5% of the contract cost.
In order to keep the current project schedule, Staff recommends authorizing the City Manager to
approve changes orders up to a limit of $100,000 each, up to a cumulative increase of 10% of
Page 3 of 4
the contract cost. Language has been included in the attached Resolution to modify the City
Manager's approvals for this project.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of this Staff Report was sent to C. Overaa & Company Construction.
ATTACHMENTS: 1. Resolution Awarding Contract 14 -02 Emerald Glen Recreation and
Aquatic Complex to C. Overaa & Company Construction
2. Budget Change
Page 4 of 4
RESOLUTION NO. XX - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AWARDING CONTRACT NO. 14 -02
EMERALD GLEN RECREATION AND AQUATIC COMPLEX
TO
C. OVERAA & COMPANY CONSTRUCTION
WHEREAS, the City of Dublin did, on December 18, 2014, publicly open, examine and declare
all sealed bids for doing the work described in the approved Plans and Specifications for Contract No.
14 -02, which Plans and Specifications are hereby expressly referred to for a description of said work
and for all particulars relative to the proceedings under the request for bids; and
WHEREAS, said bids were submitted to the City Engineer, who has reviewed the bids to
determine the lowest bid which was responsive to the requirements of the bid documents.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby
award Contract No. 14 -02, to the lowest responsible bidder therefor, to wit, C. Overaa & Company
Construction, at a bid of thirty three million ninety thousand even ($33,090,000) the particulars of
which bid are on file in the office of the City Engineer.
NOW, THEREFORE BE IT FURTHER RESOLVED, the City Council of the City of Dublin does
hereby authorize the City Manager to approve change orders for Contract 14 -02 for an amount not to
exceed one hundred thousand dollars even ($100,000) per change order, and a cumulative total of
ten - percent (10 %) of the contract amount.
PASSED, APPROVED AND ADOPTED this 3rd day of February, 2015, by the following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
From Un- Appropriated Reserves
From Designated Reserves
CITY OF DUBLIN
FISCAL YEAR 2014 -15
BUDGET CHANGE FORM
Budget Change Reference #:
City Coriricii's Apptrbr 411, Required.
X
X
Budget Transfer Between Funds
Other
Account FY 14 -15 FY 15 -16
Total
Emerald Glen Rec & Aquatic Complex
pk0105. 9400.9402 (Buildings)
$6,573,682
$2,000,000
$8,573,682
1001.9501.89101 (General Fund Reserve Transfers Out)
$3,500,000
$3,500,000
1001.9501.89101 (General Fund Loan Transfers Out)"
$2,000,000
$2,000,000
4105.9501.89101 (PFF Bldg Fund Transfers Out)
$3,073,682
$3,073,682
3500.9501.49999 (Parks CIP Fund Transfers In)
$6,573,682
$2,000,000
$8,573,682
Budget adjustment for Emerald Glen Rec & Aquatic Complex improvements based on bid awarded.
" The $2.0 million General Fund Loan will be from FY 14 -15 surplus designations
Posted By:
As Presented at the City Council Meeting 2/3/2015
Date:
C:\ Users \yashing \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \FLN2IQKV \Budget Change Budget Change